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The primate sanctuary where Darwin the Ikea monkey has been living is no longer alleging his former owner Yasmin Nakhuda abused him, but the furious monkey “mom” says the damage is done.

“These are dirty tactics,” she told reporters outside an Oshawa courtroom Thursday. “You drag somebody’s name in the dirt, in the mud. I had all kinds of accusations against me for months.”

Nakhuda is suing Story Book Farm primate sanctuary in Sunderland, Ont. for “illegally detaining” the monkey. Darwin has been in the sanctuary’s care since Dec. 10, a day after he was captured roaming an Ikea parking lot in a shearling coat.

The trial to determine custody of the famous monkey began Thursday. In his opening remarks, lawyer for the sanctuary Kevin Toyne announced he would not pursue the abuse allegations in order to keep the trial short.

“This is not a trial about who loves Darwin the most or who is better able to care for him,” he said. “Darwin is a piece of property.”

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In the sanctuary’s initial statement of defence, it alleged Nakhuda and her family abused Darwin by hitting him on the nose with a wooden spoon, strangling him and neglecting to change his diapers for 36 hours — allegations she denied.

When Nakhuda took the stand Thursday, she tearfully recalled struggling to control Darwin when she first acquired him from a Montreal-based exotic animal dealer in July 2012. At first, she was only “babysitting” the pet and tried to return him after nine days, she said.

“Then (Darwin) ran back to me and grabbed onto my chest,” she said, her voice breaking.

She testified the breeder turned to her and said, “You’re his new mom. You might as well keep him.”

She testified that she paid $5,000 in cash for the monkey, half the original price of $10,000. Nakhuda already had several pets, including dogs, parrots, fish and turtles.

Darwin quickly became a close member of her family, bonding with her sons Mikail, 12, and Omar, 16, and her husband Samar Katoch, she said. Nakhuda brought him everywhere she went — to the gym, the office, a wedding and even the shower.

“It was like a chance to experience motherhood again,” she said, her eyes filled with tears. “He was my baby boy.”

The family had been kicked out of a north Toronto Ikea in the past for bringing Darwin inside, so on Dec. 9 she double-locked the crate and left him in her car while she and her husband shopped.

She testified she had a “conversation” with Darwin about why he had to stay in the car. “He understood,” she said.

When she discovered he had escaped, she and her husband drove to the animal services building to retrieve him. There, she was “tricked” into signing a surrender form by an animal control officer who led her to believe he had the legal right to confiscate the monkey.

The officer said, “We will let you see him one last time if you sign the form,” Nakhuda alleged. “I had no choice.”

However, Toyne has pointed out that as a real estate lawyer Nakhuda would understand the term “surrender.” He alleged that, instead, Nakhuda voluntarily gave up Darwin because he was so badly behaved.

Toyne also pointed out inconsistencies in Nakhuda’s story of how she acquired the monkey. In interviews soon after Darwin was seized, she called him a “gift” from the Montreal dealer. She later said that she described him that way because the dealer had promised her a refund.

“You weren’t being honest,” Toyne said. “The reason you said he was a gift was because you hoped no one would be able to contradict it.”

Nakhuda shot back: “It was a gift, Mr. Toyne. I’ve said that many times. I am not a liar.”

The dispute between Nakhuda and the sanctuary will ultimately come down to who can prove ownership of the monkey, considered a piece of property in this case.

Toyne argued in his opening remarks that Darwin is a wild animal and, under a doctrine called ferae naturae, can only be owned by the person who possesses him at the time.

“As soon as Ms. Nakhuda lost possession of Darwin at Ikea, that’s the end of the story,” he said.

Nakhuda has already lost two attempts to win back interim custody of Darwin. In February, a judge said he made his decision in part because Nakhuda had “credibility issues.”

Flanked by her husband and many supporters outside the courtroom, Nakhuda said, “I’m battered and bruised but I’m still hanging on.”

Nakhuda and an animal control officer will testify Friday. The trial is expected to last four days, including tomorrow and June 10-11.

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